Aji v. State of Kerala; Binulal v. State of Kerala (Crl.M.C Nos. 4691/2022 and 4701/2022)

1 Crl.M.C Nos. 4691 and 4701 of 2022 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944** **CRL.MC NO. 4691 OF 2022** Crime No.32/2010 of Varkala Police Station ## **PETITIONER/ACCUSED:** AJI, AGED 40 YEARS S/O SETHU, DAISY MANDIRAM, SIVAPURAM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695146 BY ADV P.ANOOP (MULAVANA) ## **RESPONDENT/STATE/DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031 2 SONY S/O GOPALAKRISHNAN, CHAVARAZHIKATHU VEEDU, NEAR KALLANA PALAM, MUTHANADESOM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695146 BY ADV A.CHANDRA BABU ADV C S HRITHWIK- SR PP **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON** **01.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** 2 Crl.M.C Nos. 4691 and 4701 of 2022 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **MONDAY, THE 1[ST] DAY OF AUGUST 2022 / 10TH SRAVANA, 1944** **CRL.MC NO. 4701 OF 2022** Crime No.32/2010 of Varkala Police Station ## **PETITIONER/ACCUSED:** BINULAL, AGED 49 YEARS S/O KRISHNANKUTTI, VISHNU BHAVAN, NEAR SIVA TEMPLE, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695146 BY ADV P.ANOOP (MULAVANA) ## **RESPONDENT/STATE/DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031 2 SONY S/O GOPALAKRISHNAN, CHAVARAZHIKATHU VEEDU, NEAR KALLANA PALAM, MUTHANADESOM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT., PIN - 695146 BY ADV A.CHANDRA BABU ADV. C.S HRITHWIK SR P P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 3 Crl.M.C Nos. 4691 and 4701 of 2022 ## **O R D E R** The petitioners in these Crl.M.Cs are the accused in Crime No.32/2010 of Varkala Police Station which is now pending as S.C Nos. 486/2017 and 1018/2017 before the Sessions Court, Attingal. The petitioner in Crl.M.C 4691/2022 is the 1st accused therein and the petitioner in Crl.M.C 4701/2022 is the 2nd accused. The offences alleged against the petitioners are punishable under Sections 324, 308 and read with Section 34 of Indian Penal Code and also under Section 27 of the Arms Act. 2. The prosecution case is that, on account of previous animosity, on 09.01.2010 at 9.00 p.m, the petitioners have assaulted the 2nd respondent by inflicting an injury using a sword on his head. Annexure-1 is the final report submitted by the Police. This Crl.MCs are filed for quashing all further proceedings pursuant thereto. 3. Heard Sri.P.Anoop, the learned counsel appearing for the petitioners, Sri. C.S Hrithwik, the learned Public Prosecutor 4 Crl.M.C Nos. 4691 and 4701 of 2022 appearing for the State and Sri. Chandra Babu, the learned counsel appearing for the 2nd respondent/defacto complainant. 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the injured person has sworn Annexure-2 affidavit respectively. The aforesaid affidavit indicate that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the injured person has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein. . 5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on 5 Crl.M.C Nos. 4691 and 4701 of 2022 account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in **Gian Singh v. State of Punjab and Another [2012(4) KLT 108],** this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. 6. It is true that, one of the offences is under Section 208 of Cr.P.C. However, it is discernible from the records that, no serious injuries were sustained by the defacto complainant. The petitioner and the accused persons are relatives and they have settled all their disputes. No criminal antecedents of any of the petitioners were brought to my notice. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings despite the fact that the offence under Section 308 is also incorporated. Accordingly, this Crl.M.Cs are allowed. Annexure-1 final report in Crime No.32/2010 of Varkala Police Station and all 6 Crl.M.C Nos. 4691 and 4701 of 2022 further proceedings in S.C. Nos. 1018/2017 and 486/2017 pending before the Sessions Court, Attingal as against the petitioners are hereby quashed. Sd/- **ZIYAD RAHMAN A.A JUDGE** rpk 7 Crl.M.C Nos. 4691 and 4701 of 2022 ## **APPENDIX OF CRL.MC 4691/2022** PETITIONER ANNEXURES Annexure1 COPY OF THE FINAL REPORT IN CRIME NO.32/2010 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure2 COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT 8 Crl.M.C Nos. 4691 and 4701 of 2022 ## **APPENDIX OF CRL.MC 4701/2022** PETITIONER ANNEXURES Annexure1 COPY OF THE FINAL REPORT IN CRIME NO.32/2010 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure2 COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT